Health Care Complaints Commission v Howe [2014] NSWCATOD 30

Health Care Complaints Commission v Howe [2014] NSWCATOD 30

Complaint One, that Dr Howe has impairments affecting or likely to affect his capacity to practise, is proven based on medical and neuropsychological evidence and Dr Howe's own admissions. However, the evidence did not extend to a practical performance assessment required to establish lack of competence; thus, Complaint Two was not proven. Appropriate conditions were imposed on Dr Howe's registration to ensure patient safety while addressing his impairments.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Gordon Christopher Howe
Jurisdiction
Australia
Judgment Date
07 April 2014
Procedural Posture
Complaint Occupational Division / Decision After Hearing
Outcome
Complaint One proven; Complaint Two not proven. Registration subject to conditions. Each party to pay its own costs.
Legal Topics
Medical Practitioner Impairment, Professional Competence, Conditions on Registration
Health Law Professional Discipline Medical Practitioner Impairment Professional Competence Conditions on Registration

Case Brief

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Parties

Health Care Complaints Commission

Complainant

Dr Gordon Christopher Howe

Respondent

Procedural Posture

Complaint Occupational Division / Decision After Hearing

Legal Issues

  1. 1 Whether Dr Howe has impairments detrimentally affecting his capacity to practise medicine
  2. 2 Whether Dr Howe is competent to practise the medical profession under section 139 of the Health Practitioner Regulation National Law (NSW)

Ratio Decidendi

Complaint One, that Dr Howe has impairments affecting or likely to affect his capacity to practise, is proven based on medical and neuropsychological evidence and Dr Howe's own admissions. However, the evidence did not extend to a practical performance assessment required to establish lack of competence; thus, Complaint Two was not proven. Appropriate conditions were imposed on Dr Howe's registration to ensure patient safety while addressing his impairments.

Court Disposition

Complaint One proven; Complaint Two not proven. Registration subject to conditions. Each party to pay its own costs.

Orders

  • The registration of Dr Howe is subject to detailed conditions regarding employment, scope of practise, supervision, reporting, health reviews, and treatment.
  • Each party to pay its own costs.